Preliminary screenings indicate Carmel schools superintendent Marvin Biasotti was legally drunk when he was arrested for suspicion of driving under the influence April 25.

Prosecutor Rick Storms said initial breath analyses set Biasotti”s blood-alcohol level at .11 and .12, well over the legal limit of .08 percent.

Biasotti, superintendent of the Carmel Unified School District, was not in court early Tuesday. His defense attorney, Larry Biegel, entered a not guilty plea on his behalf.

Storms told Judge Tom Wills it would take five weeks to get the results of Biasotti”s blood test. Wills set a pretrial hearing for June 10.

Outside court, Biegel said the “preliminary alcohol screening” is inadmissable as evidence in court. He said Biasotti, who apologized for drinking and driving in an open letter to students and parents on the district”s Web site, is not trying to shirk responsibility. Nevertheless, Biegel said, it is his responsibility to make sure the superintendent was not wrongly accused.

“He”s not of a mind to dispose of this on a technicality, but as his attorney, I have to be mindful of that,” he said.

Biegel said he will not only be awaiting the results of the conclusive blood-alcohol test, but investigating to determine if a sheriff”s deputy had probable cause to pull over Biasotti on Carmel Valley Road at Village Drive that night.

Biegel said the deputy told Biasotti he thought the tail lights on his Lexus were malfunctioning because yellow lights that were illuminated while he was driving appeared to be white, causing him to think Biasotti”s reverse lights were on.

Biasotti admitted in his letter of apology that he had been drinking wine during a dinner party at a friend”s house, but did not think he was drunk when he left for home. Regardless, he said, it was wrong of him to get behind the wheel after drinking and he urged his students not to make the same mistake.